September 2016

A PFD win makes headlines

Mtre Julie Lavoie recently won an important adoption case involving assisted reproduction under a surrogacy contract with a woman in India.

In 2012, our client -a same-sex couple- called upon the services of a clinic in Mumbai, India that hired a surrogate to carry a child for them. The twin girls who were born to the surrogate now live with their fathers in Québec. Because their birth certificates listed only the name of their biological father, the father's spouse sought to legally adopt them.

In a ruling handed down on July 6, 2016, the Honourable Viviane Primeau of the Court of Québec affirmed that the issue surrounding surrogacy should not be argued at the expense of the children involved in the case and that it was not up to the Court, which had the case of two specific children before it, to settle a social debate.

The judge concluded that there was no doubt that the twins' adoption by their biological father's spouse, who has been present in their lives since their birth and is a second parent to them, is in the children's best interest.

More information (in French) is available in the following article published in Le Devoir:

The ruling (in French) is available here: Adoption - 1631, 2016 QCCQ 6872.